Introduction: Guarantees on goods and services

The Australian Consumer Law (“ACL”) provides a national regime of guarantees for the provision of goods and services to consumers. The ACL is set out in schedule 2 of the Competition and Consumer Act 2010 (Cth).


NOTE

All Act references in this chapter refer to the ACL, unless otherwise indicated.


A consumer’s rights under the ACL cannot be excluded. The ACL provides that a term of a contract is void (i.e. not enforceable) if it excludes the application of the ACL guarantees, the exercise of rights conferred under it, or liability for a breach of an ACL guarantee (s 64). However, section 64A sets out that a term is not void if it limits liability to the replacement of faulty goods, their repair, payment for replacement, or payment for repair if the goods supplied are those other than goods ordinarily used for personal, domestic or household use or consumption.

Different rights apply depending on whether a consumer is claiming against a “supplier” or “manufacturer”.